What is happening to the FEC?

As of January, 2008, there were two commissioners and four vacancies, with a stalemate due to the Republicans insistence on the confirmation of Hans von Spakovsky.

On May 8, 2008, Pres. Bush increased the partisan battle by withdrawing the renomination of David Mason, who had been critical of John McCain's claim that McCain can withdraw from public funding of his campaign after opting into the system, and using it as a guarantee for a loan. (See: "Crippled Election Commission" and "In F.E.C. Moves, Some See Effort to Aid McCain")

On May 20, 2008, Pres. Bush withdrew the nomination of Hans von Spakovsky and nominated Matthew Petersen for that seat.

The current status of the FEC is:

Terms from May 1, 2003 to April 30, 2009:

• Vacant, last occupied by Steven T. Walther via recess appointment which expired Dec, 2007.
  Nominee: Steven T. Walther (D, Nevada).
  Walther nominated for full term Dec. 2005 but Senate hasn't voted on the nomination.

• David M. Mason, still serving although his term expired April 30, 2003.*
  Nominee: Donald McGahn (R).
  Mason renominated in 2005 but Senate never voted on the nomination.
  Bush withdrew Mason's nomination May 8, 2008 and nominated Donald McGahn to replace Mason. But McGahn is not a good choice to enforce Federal Campaign Finance laws due to his Tom Delay's legal team; see http://fixthefec.org

Terms from May 1, 2005 to April 30, 2011:

• Vacant, last occupied by Robert D. Lenhard via recess appointment which expired Dec, 2007.
  Nominee: Cynthia Bauerly (D) of Minnesota
  Lenhard nominated Dec. 2005 but Senate never voted on the nomination.
  Bush withdrew Lenhard's nomination May 8, 2008 and nominated Cynthia Bauerly for the seat.

• Vacant, last occupied by Hans A. von Spakovsky via a recess appointment which expired Dec, 2007.
  Nominee: Matthew Petersen (R)
  Von Spakovsky nominated Dec. 2005, but Senate never voted on the nomination.
  Bush withdrew Von Spakovsky's nomination on May 20, 2008, and nominated Matthew Petersen, a Republican staffer on the Senate RUles Committe on May 22, 2008.
  Petersen previously served on the U.S. House of Representatives Committee on House Administration, under the leadership of former Rep. Bob Ney.

Terms from May 1, 2007 to April 30, 2013:

• Vacant, last occupied by Michael E. Toner who resigned just before his term ended, April 30, 2007.
  Nominee: Caroline Hunter (R), currently on the Elections Assistance Commission (EAC).
  Caroline Hunter nominated May 6, 2008 for this seat.
  She was on the EAC when the EAC refused to release a report it commissioned showing voter fraud was not a significant problem.

• Ellen L. Weintraub (D), confirmed March 18, 2003; term has expired, still serving.*
  Nominee: none (apparently Weintraub will continue serving).

The Democrats wouldn't confirm von Spakovsky and the Republicans threatened to fillibuster if other nominations were brought up to a vote before von Spakovsky. The Republicans had a majority in the Senate in 2006, and could have confirmed the von Spakovsky and the other nominees from Dec., 2005, but never did, and apparently, never tried to.

The withdrawl of von Spakovsky's nomination may fix the impass.

The FEC rules by majority vote and many actions require yes votes by four commissioners.

Here are some URLs to FEC pages from which I assembled the above facts.

http://www.whitehouse.gov/news/releases/2008/05/20080506-12.html (May 8, 2008, nominations/withdrawals)
http://www.fec.gov/press/press2006/20060106members.html
http://www.fec.gov/press/press2007/20070314Toner.shtml
http://www.fec.gov/pdf/record/2006/feb06.pdf
http://www.fec.gov/members/mason/masonbio.shtml
http://www.fec.gov/members/weintraub/weintraubbio.shtml

(B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission.

Updated: May 11, 2008